Republican lawmakers in Tennessee on Wednesday pushed legislation making it illegal for adults to help minors get abortions without parental consent, drawing objections from Democrats who argue that doing so could result in young victims needing approval from their parents, who could have raped them, in order to rape them. terminate pregnancies.
The Senate, controlled by the Republican Party, approved the proposal by 26 votes in favor and 3 against. The bill is still moving toward the House floor.
“There are people who find themselves in situations and circumstances that we cannot imagine,” said Democratic state Sen. Raumesh Akbari. “If someone is a victim of rape or incest and is a teenager and wants to seek these services, their abusers can determine if they can access them. That’s going too far.”
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Since the U.S. Supreme Court struck down the constitutional right to abortion in 2022, abortion advocates have been pressuring states to find a way to prevent pregnant people from crossing state lines to obtain the procedure.
So far, Idaho has been the only state to enact a so-called “abortion trafficking” law, but a federal judge temporarily blocked the law after reproductive rights groups filed a lawsuit challenging it.
The Tennessee State Capitol is photographed in Nashville. (David Underwood/Education Images/Universal Images Group via Getty Images)
The measure, the first of its kind, made it illegal to obtain abortion pills for a minor or help her leave the state for an abortion without the parents’ knowledge and consent. Since then, legislation has been introduced this year in Oklahoma, Mississippi and Tennessee.
Tennessee’s version would make it illegal for an adult who “recruits, harbors or transports” a pregnant minor within the state to obtain an abortion without the consent of the minor’s parent or guardian. Supporters have touted the bill as a much-needed parental rights protection measure, noting that abortion rights groups are increasingly distributing information about how to obtain abortions in states with strict bans.
“We have decided that abortion is only available to save the life of the mother,” said Republican state Sen. Paul Rose. “Unless parents approve, a minor cannot be taken across state lines to have an abortion.”
However, critics respond that the bill contains no exemptions for minors who may have been raped by their parents or guardians. Instead, the legislation establishes that the biological father of the pregnant minor cannot bring a civil action if the pregnancy was caused by rape.
Under the Senate version presented Wednesday, those convicted of violating the law would be charged with a Class A misdemeanor, which would require a sentence of nearly a year in prison. This differs from the proposal being considered in the GOP-controlled House, where supporters want the penalties to be a Class C felony, which can carry up to 15 years in prison and up to $10,000 in fines.
Tennessee prohibits abortions at all stages of pregnancy, but there are exemptions in cases of molar pregnancies, ectopic pregnancies, and to eliminate a miscarriage or save the mother’s life. In particular, doctors must use their “reasonable medical” judgment (a term that some say is too vague and may be questioned by other medical officials) to decide whether performing the procedure can save the pregnant patient’s life or prevent injury. serious.
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A group of women is currently filing a lawsuit to clarify the state’s abortion ban. A court decision is expected soon on whether the lawsuit can continue or if the law can be suspended while the legal battle continues.
